NURDIN NAJBUDIN Vs. UMRAV BU

JUDGEMENT

(1.) The plaintiff sued to recover her share in the property of her grand-mother, Gulbai who died in 1892. It is admitted that she would have been entitled to half her mother s share, and she has been held entitled to one-twelfth of the estate of Gulbai.

(2.) It is contended that the suit is barred by limitation and that Article 123 applied. But we decided in Kallangowda v. Bibiahaya (1920) 22 Bom. L. R. 936 that where the members of a Mahomedan family continued to live as tenants-in- common without dividing the estate of a deceased ancestor, limitation will not run from the time of his death. Here on the findings of fact by the appellate Court we cannot say that facts were proved to establish adverse possession against the plaintiff. Therefore we see no reason to differ from the finding of the learned Judge.

(3.) The appeal must be dismissed with costs. Fawcett, J.